This presentation by Maria YARMALCHUK was made at the 7th Meeting on Public-Private Partnerships held on 17-18 February 2014. Find more information at http://www.oecd.org/gov/budgeting/ppp.htm
OECD, 7th Meeting on Public-Private Partnerships - Maria YARMALCHUK
1. PPP: current status & perspectives
18 february 2014
Public Governance Committee OECD
Maria Yarmalchuk,
Department of investment policy and development of PPP
2. The Federal Law of 21 July 2005 № 115-FZ
"On Concession Agreements"
Legislation on concessions
The ability to implement projects using BTO model.
Legislation contains a limited list of objects of the agreements:
- objects of transport infrastructure (road, port, railway and other)
- social infrastructure (health, education, culture)
- production facilities, transmission and distribution
of electric and thermal energy
- utilities
Approved 12 model concession agreements stipulated by the Law.
Concessions are concluded at the federal, regional and local levels,
depending on the level of decision-making and risks in project
implementation
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3. Concession agreements
Quantity of concession agreements
concluded in 2009-2013
1500
2013 breakdown by sector
Utilities,
housing
Municipal
infrastructure
16%
1000
Energy
infrastructure
22%
Healthcare,
education,
culture, sport
Social
infrastructure
infrastructure
35%
Transport
infrastructure
27%
500
0
2009
2010
2011
2012
2013
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4. Improvement of the concession law
Conclusion of concession agreements with the subsequent fee
of the grantor with respect to any kind of objects
Expansion of the list of objects of the concession
Private initiation of concession agreement
The guarantee of rights and lawful interests
of private partners and creditors
Are able to participate in concession agreement
several public entities
other
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5. Regional laws on PPP
The absence of regulation
of contractual PPP instruments
at the Federal level
Russian regions began to develop
and adopt regional laws on PPP
Regional laws on PPP enacted in 67 regions of the Russian Federation
Half of them are declarative
Half of them are functioning
Even functioning laws collide with:
Land Code
Legislation on Competition
Legislation on traditional procurement
53 agreements have been concluded on the basis of regional PPP laws
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6. Factors limiting the development of PPPs in Russia
Limited number of PPP models utilized
Risk of recognition of regional PPP law invalid
Budget code constraints
Limited possibility to attract loan financing
(lack of possibility of the object ownership and pledge)
Unable to allocate publicly owned property, including land plots,
for purposes of PPP project within single tender procedure
Lack of unified terminology
The lack of a unified process of selection, preparation,
approval of projects, and also the organization of tender procedures
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7. The bill of PPP low
The highlights:
Opportunity for public partner utilize different forms of PPP
Introducing the notion “authorized government body”
responsible for PPP
Conclusion of PPP contract beyond single tender procedure
Opportunity for conclusion of PPP contract on several infrastructure
objects simultaneously
Opportunity for public partner, private partner, and financing company
to make direct agreement for step-in right mechanism
The pledge of the object of agreement is not limited
The list of infrastructure objects constructed (rehabilitated) according
to PPP project is not limited
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8. Forthcoming PPP legislation development
Adoption of:
preparation order of PPP agreements
methods and criteria for assessment of PPP project effectiveness
procedure of monitoring and statistical accounting of PPP projects
PPP project’s KPI
procedure of public debates on decisions of the authorities
on the conclusion of PPP agreements
private partner selection guidelines
professional development programs (educational programs)
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9. PPP Projects in Transport System
Planned projects and projects which are being implemented
Project
Investmets, billion
USD
High-speed Railroad Moscow - St.Petersburg
18,8
International transport corridor "Europe - West China"
18,4
Railroad "Prohorovka - Batayisk"
16,8
Federal road "M-4 Don"
7,7
Federal road "M-4 The Urals"
6,5
By-pass Railroad in Omsk
4,7
Railroad "Polunochnoye - Salekhard"
4,1
Railroad "Komi - Arkhangelsk (Belkomur)"
4,1
"Vostochniy" Spaceport (First Stage)
4,0
Murmansk transport nodal point
3,5
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